ENFORCEMENT DECREE OF THE SEAFARERS ACT
Wholly Amended by Presidential Decree No. 11764, Sep. 12, 1985
Amended by Presidential Decree No. 12225, Aug. 13, 1987
Presidential Decree No. 12526, Sep. 24, 1988
Presidential Decree No. 13263, Jan. 29, 1991
Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 14628, Apr. 15, 1995
Presidential Decree No. 15135, Aug. 8, 1996
Presidential Decree No. 15379, May 24, 1997
Presidential Decree No. 15830, Jul. 1, 1998
Presidential Decree No. 15892, Sep. 17, 1998
Presidential Decree No. 16391, jun. 8, 1999
Presidential Decree No. 17262, jun. 29, 2001
Presidential Decree No. 18254, Jan. 29, 2004
Presidential Decree No. 18543, Sep. 9, 2004
Presidential Decree No. 19077, Sep. 30, 2005
Presidential Decree No. 20037, Apr. 27, 2007
Presidential Decree No. 20142, jun. 29, 2007
Presidential Decree No. 20300, Sep. 28, 2007
Presidential Decree No. 20351, Oct. 31, 2007
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 20875, jun. 25, 2008
Presidential Decree No. 21530, jun. 9, 2009
Presidential Decree No. 22127, Apr. 20, 2010
Presidential Decree No. 22157, May 4, 2010
Presidential Decree No. 22637, Jan. 24, 2011
Presidential Decree No. 22829, Apr. 4, 2011
Presidential Decree No. 23620, Feb. 3, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25310, Apr. 15, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26386, Jul. 6, 2015
Presidential Decree No. 27795, Jan. 17, 2017
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28557, Dec. 29, 2017
Presidential Decree No. 28779, Mar. 30, 2018
Presidential Decree No. 28914, May 28, 2018
Presidential Decree No. 29163, Sep. 18, 2018
Presidential Decree No. 30116, Oct. 8, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Seafarers Act and those necessary for the enforcement thereof. <Amended by Presidential Decree No. 20037, Apr. 27, 2007; Presidential Decree No. 21530, Jun. 9, 2009>
| Article 2 (Persons Not Regarded as Seafarers) |
“Those prescribed by Presidential Decree” in the proviso of subparagraph 1 of Article 2 of the Seafarers Act (hereinafter referred to as the “Act”) means any of the following persons: | 2. | Technicians or workers who intend temporarily to go onboard a ship to repair the ship; |
| 5. | A person who boards a ship for practical training to become a seafarer; |
| 6. | An entertainer who temporarily boards a ship for public performance, etc. on the ship; |
| 7. | A person equivalent to those referred to in subparagraphs 1 through 6 who is determined and publicly notified by the Minister of Oceans and Fisheries after consultation with representatives of shipowners’ association and seafarers’ union. |
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 3 (Scope of Other Officers) |
"Other crews prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means the following persons: <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21530, Jun. 9, 2009; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25310, Apr. 15, 2014> | 4. | A crew treated equally as or better than those prescribed in subparagraphs 1 through 3, and prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 3-2 (Methods for Calculating Ordinary Hourly Wages) |
| (1) | Where ordinary wages referred to in subparagraph 11 of Article 2 of the Act are calculated into hourly wages, the following methods shall be applied: <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 23620, Feb. 3, 2012> |
| 1. | The amount determined in terms of hourly wages; |
| 2. | The amount determined by dividing the amount of daily wages by the fixed daily hours of work; |
| 3. | The amount determined by dividing the amount of weekly wages by the fixed weekly hours of work; |
| 4. | The amount determined by dividing the amount of monthly wages by the fixed monthly hours of work; |
| 5. | The amount calculated in accordance with subparagraphs 2 through 4 with respect to the wages for a specified period other than a day, week, or month; |
| 6. | The amount determined by dividing the total contracted amount calculated in accordance with the contract method by the total number of hours of work in the relevant contract period (where a contract termination date exists, referring to the due date of the payment for the contract; hereinafter the same shall apply) with respect to the contracted amount determined in accordance with the contract; |
| 7. | The sum of the amount calculated respectively in accordance with the methods provided for in subparagraphs 1 through 6 if the method of the compensation consists of at least two of the methods stipulated in subparagraphs 1 through 6 with respect to those parts. |
| (2) | "Fixed daily hours of work" or "fixed weekly hours of work" in paragraph (1) means the hours of work determined by the collective bargaining agreement or agreement between the seafarers and the shipowner within the scope of hours of work referred to in Article 60 of the Act, and "fixed monthly hours of work" means the hours computed by multiplying the number of fixed monthly working days by the number of fixed daily hours of work: Provided, That where a wage structure is determined without regard to the hours of work, the fixed hours of work of a person on watchkeeping duty at sea shall be the same as those of the seafarers who are not on watchkeeping duty at sea. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 23620, Feb. 3, 2012> <<Enforcement Date: the amended provisions of Article 3-2 (2) shall enter into force on the date the Maritime Labour Convention 2006 takes effect in the Republic of Korea>> |
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
| Article 3-3 (Methods for Calculating Average Onboard Wages) |
| (1) | Where the period of boarding under subparagraph 12 of Article 2 of the Act includes any of the following periods, the number of days and the wages paid during the period shall be deducted from the relevant period and total wages: <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| 1. | A period in which a seafarer has not performed his or her duties because of an injury or sickness referred to in Article 54 of the Act; |
| 2. | A period during which a person boards a ship for practical training to become a seafarer. |
| (2) | Provisionally-paid wages or allowances determined by the Minister of Oceans and Fisheries shall be included in the total amount of wages under subparagraph 12 of Article 2 of the Act. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | The amount determined by the Minister of Oceans and Fisheries by industrial category shall be the average onboard wages for daily employed seafarers. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | Where it is impracticable to calculate pursuant to subparagraph 12 of Article 2 of the Act and paragraphs (1) and (2) of this Article, the average onboard wages shall be determined by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
| Article 3-4 (Adjustment of Ordinary Wages and Average Onboard Wages) |
| (1) | The ordinary wages or average onboard wages applicable to the seafarers entitled to injury or sickness compensation, etc. provided for in Articles 96 through 102 of the Act shall be the amount increased or decreased according to the fluctuation rate if the average monthly amount per person (hereinafter referred to as "average amount") of the ordinary wages paid to the seafarers performing the same duties in the place of business they belong to is at least 105 percent or not more than 95 percent of the average amount of the ordinary wages paid to the seafarer performing the same duties in the month in which the relevant injury or sickness occurs, and they shall apply from the month following the month in which the cause for fluctuation occurs: Provided, That an adjustment for an increase or decrease of the ordinary wages and average onboard wages on or after the second occasion shall be made based on the ordinary wages of the month in which the cause for fluctuation in the previous occasion occurred. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| (2) | For the purposes of paragraph (1), where the place of business to which the relevant seafarer belonged is closed, paragraph (1) shall apply on the basis of the industrial category, place of business, and ship of the same scale as at the time of the injury or sickness of the seafarer. |
| (3) | For the purposes of paragraphs (1) and (2), where there exists no other seafarer who performs the same duties as the relevant seafarer, the fluctuation rate of the average amount of the ordinary wages paid to the seafarer who performs similar duties shall apply. |
| (4) | The ordinary wages or average onboard wages applicable when calculating the unemployment allowance and retirement allowance provided for in Articles 37 and 55 of the Act for a seafarer who is affected by an occupational injury or sickness under Article 94 (1) of the Act shall be the ordinary wages or average onboard wages adjusted pursuant to paragraphs (1) through (3). <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
| Article 3-5 (Common Expenses) |
"Common expenses prescribed by Presidential Decree" in subparagraph 15 of Article 2 of the Act means direct expenses incurred from the first fishing to the closure of fishing operation. <Amended by Presidential Decree No. 13263, Jan. 29, 1991; Presidential Decree No. 23620, Feb. 3, 2012> [This Article Newly Inserted by Presidential Decree No. 12526, Sep. 24, 1988]
| Article 3-6 (Regional Maritime Affairs and Port Authorities) |
“Heads of institutions prescribed by Presidential Decree that belong to the Ministry of Oceans and Fisheries” in subparagraph 18 of Article 2 of the Act means the heads of the following institutions that belong to the Ministry of Oceans and Fisheries (hereinafter referred to as “regional maritime affairs and port authorities”): | 1. | The administrators of regional offices of oceans and fisheries; |
| 2. | The head of Jeju Oceans and Fisheries Management Office; |
| 3. | The heads of district offices of oceans and fisheries. |
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
| Article 3-7 (Officers Eligible for Commanding Steering of Ship in Lieu of Master) |
“An officer prescribed by Presidential Decree, such as the chief mate, etc.” in Article 9 (2) of the Act means any of the following employees: <Amended by Presidential Decree No. 26386, Jul. 6, 2015> | 2. | A chief operating officer; |
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 4 (Bearing Expenses Incurred for Repatriation of Korean Citizens Residing in Foreign Country and Reimbursement) |
| (1) | The expenses for repatriation provided for in Article 19 of the Act shall be borne by the citizen repatriated, and calculated by reference to freight, food cost, medical cost, and other costs incurred in the repatriation. |
| (2) | A person repatriated under Article 19 of the Act shall reimburse the expenses for his or her repatriation immediately where the shipowner or the master claims reimbursement for such expenses. |
CHAPTER II SEAFARERS’ EMPLOYMENT AGREEMENT
| Article 5 (Taking out Repatriation Insurance) |
| 2. | Indemnity insurance policy under subparagraph 1 (b) of Article 2 of the Insurance Business Act which is operated by an insurance company or a foreign insurer under subparagraph 6 or 8 of Article 2 of that Act to guarantee the expenses incurred in seafarers’ repatriation provided for in Article 42-2 (2) of the Act (hereinafter referred to “expenses incurred in seafarers’ repatriation”); |
| 4. | A mutual aid run by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with articles of incorporation formulated under Article 40 of that Act to guarantee the expenses incurred in seafarers’ repatriation; |
| 5. | A mutual aid run by a person who operates an international mutual aid business and is acknowledged and publicly announced by the Minister of Oceans and Fisheries as having the capacity to guarantee the expenses incurred in seafarers’ repatriation. |
| (3) | Deleted. <by Presidential Decree No. 27795, Jan. 17, 2017> |
[This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 5-2 (Claim for and Payment of Expenses Incurred in Seafarers’ Repatriation) |
| (1) | “Agent prescribed by Presidential Decree” referred to in Article 42-2 (4) of the Act means any of the following persons: <Amended by Presidential Decree 28557, Dec. 29, 2017> |
| 4. | A representative of the trade union that the seafarer joins. |
| (2) | “Period prescribed by Presidential Decree” in Article 42-2 (4) of the Act means 10 days from the date of receipt of a claim for expenses incurred in seafarers’ repatriation. |
| (3) | Where a seafarer or a designated agent under Article 42-2 (4) of the Act (hereinafter referred to as “designated agent”) claims expenses incurred in seafarers’ repatriation, the repatriation insurer, etc. under Article 42-2 (3) of the Act shall pay the relevant expenses to such seafarer or designated agent in accordance with the claim: Provided, That the expenses incurred in seafarers’ repatriation shall be paid to the seafarer, if the claim is made by a designated agent specified in paragraph (1) 4. <Newly Inserted by Presidential Decree 28557, Dec. 29, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
| Article 5-3 (Recognition of Abandonment) |
| (1) | A seafarer or a designated agent who is seeking to claim expenses incurred in seafarers’ repatriation under Article 42-2 (4) of the Act, may apply to the competent regional maritime affairs and port authorities for the recognition of the fact that such seafarer falls under any of the subparagraphs of Article 42-2 (1) of the Act, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree 28557, Dec. 29, 2017> |
| (2) | The competent regional maritime affairs and port authorities in receipt of an application referred to in paragraph (1) shall determine whether to recognize abandonment, and notify the outcome of its determination to the relevant applicant, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
| Article 6 (Exemption of Official Approval of Seafarers’ List) |
"Those prescribed by Presidential Decree" in the former part of Article 44 (3) of the Act means any of the following persons: <Amended by Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20037, Apr. 27, 2007; Presidential Decree No. 20300, Sep. 28, 2007; Presidential Decree No. 20351, Oct. 31, 2007; Presidential Decree No. 22127, Apr. 20, 2010; Presidential Decree No. 23620, Feb. 3, 2012> | 4. | A seafarer who is in service onboard a public vessel as a public official of the State or a local government. |
[This Article Newly Inserted by Presidential Decree No. 17262, Jun. 29, 2001]
| Article 7 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998> |
| Article 8 (Issuing Procedures for Seafarer’s Book) |
| (1) | For the issuance of a seafarer’s book pursuant to Article 45 (1) of the Act, a seafarer, shipowner, the president of the Korea Institute of Maritime and Fisheries Technology established under the Korea Institute of Maritime and Fisheries Technology Act (hereinafter referred to as the "president of the Korea Institute of Maritime and Fisheries Technology"), a person who runs a seafarer recruitment and placement service referred to in Article 112 of the Act (hereinafter referred to as "seafarer recruitment and placement agency"), the head of any designated educational institution under subparagraph 7 of Article 2 of the Enforcement Decree of the Ship Personnel Act, or the head of any agency or organization designated by the Minister of Oceans and Fisheries shall file an application therefor with the competent regional maritime affairs and port authorities: Provided, That a national of the Republic of Korea who resides in a foreign country shall file an application therefor via a consul of the Republic of Korea of the country where he or she resides. <Amended by Presidential Decree No. 12526, Sep. 24, 1988; Presidential Decree No. 13263, Jan. 29, 1991; Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 18254, Jan. 29, 2004; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27795, Jan. 17, 2017> |
| (2) | A foreigner who is employed by a Korean ship and intends to be issued a seafarer’s book shall in advance obtain a confirmation of the testimony that he or she is fit to work onboard from the government of his or her home country (including the consul of his or her country who is stationed in Korea). <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| (3) | A person who holds a seafarer’s book shall not file another application for the issuance of a seafarer’s book unless he or she files an application for the re-issuance of the seafarer’s book pursuant to Article 49 of the Act. <Amended by Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012> |
| Article 9 (Applications for Issuance of Seafarer’s Book for Minors) |
When a minor files an application for the issuance of his or her seafarer’s book, the application shall be accompanied by a letter of consent from his or her legal representative. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
| Article 10 (Substituting Seafarer’s Book by Letter of Guarantee) |
| (1) | "Seafarers prescribed by Presidential Decree" in the proviso of Article 45 (1) of the Act means the following persons: <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | A rating who is in service onboard a ship which engages in fishing operation without stopping at any foreign port: Provided, That this shall not apply to those who perform the watchkeeping duty and those prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | A rating who is in service onboard a passenger ship which navigates between domestic ports, as prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 3. | A seafarer who is in service onboard a barge sailing within a near coastal water area; |
| (2) | Deleted. <by Presidential Decree No. 16391, Jun. 8, 1999> |
| Article 11 (Return of Seafarer’s Book) |
A person who holds a seafarer’s book of any third person shall return it immediately upon demand of the principal: Provided, That the same shall not apply where the master keeps it in custody under Article 45 (2) of the Act. [This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 12 (Form of Seafarer’s Book) |
The form of a seafarer’s book, matters necessary for the issuance and amendment of a seafarer’s book, and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 13 (Issuance of Seafarer's Identity Document) |
| (1) | For the issuance of seafarer's identity document under Article 48 (1) and (2) of the Act, the principal shall file an application therefor with the competent regional maritime affairs and port authorities (in cases of the heads of district offices of oceans and fisheries, limited to the heads of district offices of oceans and fisheries equipped with apparatus for issuing seafarer's identity documents). <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017> |
| (2) | When a minor files an application for the issuance of seafarer's identity document, the application shall be accompanied by a letter of consent from his or her legal representative. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| (3) | Where a person who holds the seafarer's identity document files an application for issuance before the expiration of the period of validity prescribed in Article 48 (3) of the Act, re-issuance under Article 49 of the Act, or the amendments of the entries in the seafarer's identity document, he or she shall return the seafarer's identity document he or she holds. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| (4) | Matters necessary for the issuance or amendments of the seafarer's identity documents and other matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 14 (Issuance of Seafarer's Identity Document to Foreigners) |
[This Article Wholly Amended by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 15 (Size of Seafarer's Identity Document and Contents to Be Stated Therein) |
| (1) | The size of seafarer's identity document under Article 48 (7) of the Act shall be the width of 8.6 centimeters and the length of 5.4 centimeters. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| (2) | The following matters shall be stated in every seafarer's identity document: |
| 1. | Front side: Number of certificate, name, sex, nationality, date of birth, birthplace, resident registration number, physical characteristics, place of issue, date of issue, date of expiration, photograph, and signature; |
| 2. | Reverse side: Office of issue, biometric information (fingerprint), and machine-readable data. |
| (3) | Matters necessary for the material quality of seafarer's identity documents and other matters shall be determined and publicly notified by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 16 (Issuance of Certificate of Work Experience Onboard) |
Where a shipowner or master issues a certificate of work experience onboard in accordance with Article 51 of the Act, he or she shall only enter the matters that an applicant wants, and shall not enter any symbol, indication, or false fact disadvantageous to the applicant. <Amended by Presidential Decree No. 23620, Feb. 3, 2012>
| Article 17 (Payment of Wages) |
| (1) | "Payments prescribed by Presidential Decree, such as wages paid temporarily, an allowance, and others corresponding thereto" in the proviso of Article 52 (2) means any of the following: |
| 1. | Continuous work allowances which are paid for a continuous period of working exceeding one month; |
| 2. | Subsidies, benefits, or bonuses which are assessed due to a cause lasting for at least one month; |
| 3. | Other various allowances paid irregularly. |
| (2) | When a shipowner pays wages pursuant to Article 52 of the Act, he or she shall give each seafarer his or her payslip which includes the following: |
| 1. | Matters concerning the amount of wages; |
| 2. | Matters concerning the table of items of wages; |
| 3. | Matters concerning the applied exchange rate. |
[This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 17-2 (Payment before Due Date) |
"Other extraordinary cases prescribed by Presidential Decree" in Article 53 of the Act means any of the following cases: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Where a seafarer or his or her family gets married or is deceased; |
| 2. | Where a seafarer leaves the ship for at least seven days due to an unavoidable cause prescribed by the Minister of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 18 (Grounds for Payment of Overdue Wages) |
"Reasons prescribed by Presidential Decree, such as a shipowner's bankruptcy" in the main clause of Article 56 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017> | 2. | Recognition of bankruptcy, etc. by the competent regional maritime affairs and port authorities under Article 18-2. |
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 18-2 (Requirements and Procedures for Recognition of Bankruptcy) |
| (1) | Where an application is filed by seafarers retired without receiving the wages and retirement allowances from the shipowner who falls under any of the following circumstances, the competent regional maritime affairs and port authorities may recognize that the relevant shipowner does not have an ability of paying the unpaid wages and retirement allowances (hereinafter referred to as “overdue wages") (hereinafter referred to as "recognition of bankruptcy, etc."): <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 27795, Jan. 17, 2017> |
| 1. | The business is discontinued or it is in the process of discontinuance due to any of the following causes: |
| (a) | Where principal business facilities have been seized or provisionally seized at the status of suspension of business activities of the relevant business, or transferred for a repayment of debts (including cases of progress of auctions under the Civil Execution Act); |
| (b) | Where authorization, permit, registration, etc. for the relevant business have been revoked or cancelled; |
| (c) | Where the operational activities of the relevant business have been suspended for at least one month; |
| 2. | Payment of overdue wages shall be remarkably difficult due to a lack of ability to pay the overdue wages or a cause falling under any of the following items: |
| (a) | Whereabout of the shipowner has been unknown for at least one month as of the date of recognition of bankruptcy, etc.; |
| (b) | Where it is recognized that the conversion or recovery of shipowners' assets shall take at least three months from the date of application for recognition of bankruptcy, etc. |
| (2) | An application for recognition of bankruptcy, etc. filed under paragraph (1) shall be made within one year from the date next to that of seafarer's retirement. |
| (3) | Matters necessary for filing an application, etc. for recognition of bankruptcy, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 18-3 (Types of Insurance Guaranteeing Wage Claims) |
| (1) | Insurance, mutual aids, or funds that should be purchased, joined, or raised by every shipowner (including a shipowners’ association) under the main clause of Article 56 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 20037, Apr. 27, 2007; Presidential Decree No. 22637, Jan. 24, 2011; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 28779, Mar. 30, 2018> |
| 1. | Indemnity insurance operated by the Shipowners’ Mutual Protection and Indemnity Insurance Association; |
| 2. | Indemnity insurance under subparagraph 4 of Article 2 of the Insurance Business Act operated by an insurance company or a foreign insurer under subparagraph 6 or 8 of that Act to guarantee seafarers' wage claims; |
| 5. | A mutual aid or fund operated by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with the articles of incorporation formulated under Article 40 of that Act to guarantee seafarers’ wage claims; |
| (2) | The operators of mutual aids business referred to in paragraph (1) 3, 5 and 6 shall determine the matters necessary for its operation, such as the standards for raising mutual aids money and requirements for payment, and obtain approval from the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 28779, Mar. 30, 2018> |
| (3) | Matters necessary for the operation of funds referred to in paragraph (1) 4 through 6, such as standards for raising such funds and requirements for payment, shall be determined by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree No. 28779, Mar. 30, 2018> |
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 18-4 (Claims for, and Payment of, Overdue Wages) |
| (1) | A seafarer who wishes to receive overdue wages under Article 56 of the Act shall file a claim for overdue wages to the Shipowners’ Mutual Protection and Indemnity Insurance Association, insurance business operator, mutual aids business operator, or fund operator operating an insurance, mutual aid, or fund under Article 18-3 (1) (hereinafter referred to as “insurance business operator, mutual aids business operator, or fund operator”), within two years from the date on which the adjudication of bankruptcy, etc. or a recognition of bankruptcy, etc is made with respect to the relevant shipowner. <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017> |
| (2) | Upon receipt of a claim for overdue wages under paragraph (1), the insurance business operator, mutual aids business operator, or fund operator shall pay the overdue wages within seven days after receipt of the claim for overdue wages unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017> |
| (3) | Matters necessary for filing claims for, and payment of, overdue wages, other than those provided for in paragraphs (1) and (2), shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree 28557, Dec. 29, 2017> |
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 18-5 (Confirmation of Grounds for Payment of Overdue Wages) |
| (1) | Where a seafarer files a claim for overdue wages under Article 18-4, he or she shall obtain a confirmation of the competent regional maritime affairs and port authorities on the following matters and submit the confirmation along with the claim: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 27795, Jan. 17, 2017; Presidential Decree 28557, Dec. 29, 2017> |
| 1. | Date on which the adjudication of bankruptcy, etc. or a recognition of bankruptcy, etc. has been made, and the date of application therefor; |
| 3. | Unpaid amount of wages for four months immediately preceding the retirement and the retirement allowances for the final four years. |
| (2) | Where necessary for a confirmation under paragraph (1), the competent regional maritime affairs and port authorities may take necessary measures on the relevant ship owner, manager, etc., such as conducting a field investigation or demanding a report on matters related to the adjudication of bankruptcy, etc. or related documents. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017> |
[This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 18-6 (Subrogation of Claims for Overdue Wages) |
When an insurance business operator, mutual aids business operator, or fund operator subrogates a claim for overdue wages of a seafarer under Article 56 (4) of the Act, he or she may take measures necessary for exercising and securing the claim. <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017> [This Article Newly Inserted by Presidential Decree No. 19077, Sep. 30, 2005]
| Article 19 (Special Cases concerning Wages of Fishers) |
| (1) | Deleted. <by Presidential Decree No. 12526, Sep. 24, 1988> |
| (2) | Deleted. <by Presidential Decree No. 19077, Sep. 30, 2005> |
| (3) | Deleted. <by Presidential Decree No. 12526, Sep. 24, 1988> |
| (4) | The calculation of the pro rata pay and production allowances for fishers under Article 57 (1) of the Act shall be based on the unit period from the first fishing to the closure of fishing operation, and where the period is shorter than one month, it shall be calculated by one month unit and where the period exceeds six months, it shall be calculated by six month unit: Provided, That it may be otherwise determined by the collective bargaining agreement or employment rules when the period exceeds six months. <Amended by Presidential Decree No. 13263, Jan. 29, 1991; Presidential Decree No. 23620, Feb. 3, 2012> |
| (5) | Deleted. <by Presidential Decree No. 12526, Sep. 24, 1988> |
| Article 19-2 (Basis of Calculation of Ordinary Wages and Average Onboard Wages of Fishers) |
| (1) | Ordinary wages for fishers referred to in Article 57 (2) of the Act shall be calculated by the following methods: <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| 1. | Fishers shall be paid the regular monthly wages and production allowances, and they shall be paid 135 percent of the regular monthly wages where the industrial category or the ship whose proportion of the regular monthly wages is high among the total pay and where the fishers and the shipowner have come to a mutual consent; |
| 2. | In cases, other than those referred to in subparagraph 1, where fishers are paid the regular monthly wages and production allowances, they shall be paid 140 percent of the regular monthly wages; |
| 3. | In cases of an industrial category or a ship other than those referred to in subparagraphs 1 and 2, fishers shall be paid 145 percent of the regular monthly wages. |
| (2) | Average onboard wages for fishers referred to in Article 57 (2) of the Act shall be calculated by the following methods: <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| 1. | Fishers shall be paid the regular monthly wages and the production allowances, and they shall be paid 165 percent of the regular monthly wages where the industrial category or the ship whose proportion of the regular monthly wages is high among the total pay and where the fishers and the shipowner have come to a mutual consent; |
| 2. | In cases, other than those referred to in subparagraph 1, where fishers are paid the regular monthly wages and production allowances, they shall be paid 170 percent of the regular monthly wages; |
| 3. | In cases of an industrial category or a ship other than those referred to in subparagraphs 1 and 2, fishers shall be paid 175 percent of the regular monthly wages. |
| (3) | Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998> |
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
| Article 20 (Matters to Be Recorded in Payroll) |
"Matters prescribed by Presidential Decree" in Article 58 of the Act means the following: <Amended by Presidential Decree No. 23620, Feb. 3, 2012> | 1. | The names, resident registration numbers, employment date, and duties of seafarers; |
| 2. | The matters used as a basis for calculation of wages and family allowances; |
| 3. | Days and hours of work; |
| 4. | Hours of work in cases of overtime work or holiday work; |
| 5. | Amount of wages by categories; |
| 6. | Grounds for deduction and the deducted amount if some deductions are made from wages under the proviso of Article 52 (1) of the Act. |
[This Article Wholly Amended by Presidential Decree No. 15892, Sep. 17, 1998]
| Article 20-2 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998> |
CHAPTER IV QUALIFICATION FOR WORK ON BOARD BY SEAFARERS
| Article 21 (Ships for Work Onboard of Qualified Seafarers) |
| (1) | "Ship prescribed by Presidential Decree" in Article 64 (1) of the Act means a ship of at least 500 gross tons or a ship of at least 750 kilowatt in propulsion of the main engine defined in subparagraph 10 of Article 2 of the Enforcement Decree of the Ship Personnel Act: Provided, That the same shall not apply to a ship which navigates within the near coastal water area, a tugboat defined in subparagraph 4 of Article 2 of the Act on the Arrival, Departure, etc. of Ships, and a WIG craft defined in subparagraph 4 of Article 2 of the Maritime Safety Act. <Amended by Presidential Decree No. 12225, Aug. 13, 1987; Presidential Decree No. 15830, Jul. 1, 1998; Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 25310, Apr. 15, 2014; Presidential Decree 28557, Dec. 29, 2017> |
| (2) | "Ship laden with hazardous cargoes prescribed by Presidential Decree" in Article 64 (3) of the Act means a ship used exclusively for carrying liquid petrochemical products or liquefied gas which are loaded without any container, etc.: Provided, That the same shall not apply to a ship which navigates within the near coastal water area. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 23620, Feb. 3, 2012> |
| (3) | "Ship prescribed by Presidential Decree" in Article 64 (4) of the Act means a ship which shall be equipped with lifeboats, life-rafts, rescue boats, or fast rescue boats among ship facilities under subparagraph 2 of Article 2 of the Ship Safety Act. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20300, Sep. 28, 2007; Presidential Decree No. 23620, Feb. 3, 2012> |
| Article 21-2 (Reserve Seafarers) |
| (1) | Cases where the owners of ships that are not seagoing ships may be allowed not to secure reserve seafarers in a number equal to or exceeding 10 percent of the total number of seafarers onboard under the proviso of Article 67 (1) of the Act mean the following cases: <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 26386, Jul. 6, 2015; Presidential Decree No. 27795, Jan. 17, 2017> |
| 1. | Where a shipowner owns not more than three ships: Provided, That this shall not apply when a ship owned by a shipowner falls under any of the following: |
| (a) | Ships laden with hazardous cargoes under Article 21 (2); |
| 2. | Where a seafarer has concluded a seafarers' employment agreement by specifying a ship to board upon the approval of the competent regional maritime affairs and port authorities; |
| 3. | In the case of ships whose navigation area includes near coastal water areas only. |
| (2) | Notwithstanding the proviso of paragraph (1) 1, where the owner of a ship falling under any of the items of paragraph (1) 1 secures, jointly with another shipowner who has three or less ships of the same kind, reserve seafarers in a number equal to or exceeding 10 percent of the total number of seafarers onboard employed by him/her and such another shipowner as prescribed by the Minister of Oceans and Fisheries, he or she may secure reserve seafarers in a number less than 10 percent of the total number of seafarers onboard employed by him/her. In such cases, the reserve seafarers jointly secured by the shipowners shall be confirmed by the competent regional maritime affairs and port authorities. <Newly Inserted by Presidential Decree No. 26386, Jul. 6, 2015; Presidential Decree No. 27795, Jan. 17, 2017> |
| (3) | "Those prescribed by Presidential Decree, such as those who are on paid leave, etc." in Article 67 (2) of the Act means any of the following persons: <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 26386, Jul. 6, 2015> |
| 1. | A person who is on paid leave; |
| 2. | A person who has landed due to causes attributable to the shipowner; |
| 3. | A person who receives compulsory education and training under Article 116 of the Act or other statutes or regulations; |
| 4. | Other persons determined by the collective bargaining agreement or employment rules. |
| (4) | Article 67 of the Act on the duty to provide for reserve seafarers and pay their wages shall not apply to a seafarer who has been laid off or suspended. <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 26386, Jul. 6, 2015> |
[This Article Newly Inserted by Presidential Decree No. 13263, Jan. 29, 1991]
CHAPTER V PROVISION OF MEALS, SAFETY AND HEALTH ON SHIP
| Article 22 (Qualifications of Cooks on Ships) |
| (1) | “A cook on a ship who has qualifications prescribed by Presidential Decree” in the main clause of Article 76 (2) of the Act means any of the following persons who is at least 18 years of age: |
| 1. | A person who has completed training for cooks onboard prescribed by Ordinance of the Ministry of Oceans and Fisheries and passed a qualifying examination for cooks onboard (hereinafter referred to as “cooks onboard qualification test”) conducted by the Minister of Oceans and Fishers; |
| 2. | Any of the following persons: |
| (a) | A person who has completed training for cooks onboard prescribed by Ordinance of the Ministry of Oceans and Fisheries among those who have acquired the certificate of craftsman cook or higher-level certificates under the National Technical Qualifications Act and have a cooking experience on a ship for at least three year; |
| (b) | A person who has a cooking experience on a ship for at least six years and has completed education for cooks onboard prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 3. | A person who has acquired the qualifications for cooking and providing meals on a ship from foreign governments in accordance with the Maritime Labour Convention 2006. |
| (2) | The qualifying examination for cooks onboard shall be conducted as a written test. |
| (3) | The subjects for the qualifying examination for cooks onboard shall be as follows: |
| 1. | Mass feeding and hygiene management; |
| 2. | Prevention and control of food poisoning. |
| (4) | Procedures for applying for the qualifying examination for cooks onboard, fail/pass criteria, and other matters necessary concerning the qualifying examination for cooks onboard shall be determined by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 22-2 (Ships Exempt from Obligation to Have Cooks Onboard) |
1．A ship which is not a seagoing ship;
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 23 (Determination of Minimum Standard Amount of Costs for Providing Meals) |
When the Minister of Oceans and Fisheries intends to determine the minimum standard amount of coasts for providing meals on a ship pursuant to Article 77 (4) of the Act, he or she shall seek consultation, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
| Article 23-2 (Ships Subject to Provision of Uniforms) |
“Shipowners prescribed by Presidential Decree” in the former part of Article 82 (7) of the Act means owners of ships operated for marine passenger transportation services prescribed in Article 3 of the Marine Transport Act. [This Article Newly Inserted by Presidential Decree No. 26386, Jul. 6, 2015]
CHAPTER VI ACCIDENT COMPENSATION
| Article 24 (Scope of Occupational Sickness) |
| Article 25 Deleted. <by Presidential Decree No. 23620, Feb. 3, 2012> |
| Article 26 Deleted. <by Presidential Decree No. 17262, Jun. 29, 2001> |
| Article 27 (Disability Rating) |
[This Article Wholly Amended by Presidential Decree No. 13263, Jan. 29, 1991]
| Article 28 Deleted. <by Presidential Decree No. 13263, Jan. 29, 1991> |
| Article 29 (Scope of Bereaved Family) |
"Bereaved family prescribed by Presidential Decree" in Article 99 (1), the main clause of Article 99 (2), and Article 100 (1) of the Act means the following: <Amended by Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 23620, Feb. 3, 2012> | 1. | The seafarer's spouse (including a person who has a de facto marital relationship with the seafarer; hereinafter the same shall apply), children, parents, grandchildren, and grandparents who are supported by the seafarer at the time of the seafarer's death; |
| 2. | The seafarer's spouse, children, parents, grandchildren, and grandparents who are not supported by the seafarer at the time of the seafarer's death; |
| 3. | The seafarer's siblings who are supported by the seafarer at the time of the seafarer's death; |
| 4. | The seafarer's siblings who are not supported by the seafarer at the time of the seafarer's death; |
| 5. | Parents of the seafarer's spouse, children of his or her siblings, and his or her parents' siblings, who are supported by the seafarer at the time of the seafarer's death; |
| 6. | Parents of the seafarer's spouse, children of his or her siblings, and his or her parents' siblings, who are not supported by the seafarer at the time of the seafarer's death. |
[This Article Wholly Amended by Presidential Decree No. 15892, Sep. 17, 1998]
| Article 30 (Priority Order of Bereaved Family) |
| (1) | The regular order by which the bereaved family's compensation (including funeral expenses; hereinafter the same shall apply) is paid shall be the order prescribed under the subparagraphs of Article 29. In the case of persons referred to in each subparagraph of Article 29, the regular order shall be the order within that subparagraph. In cases falling under Article 29 (1) 1 and 2, the spouse, children, and parents shall take the same order. In the case of parents, the foster parents shall take precedence over the natural parents. In the case of grandparents, the parents of the foster parents shall take precedence over the parents of the natural parents, and the foster parents of the parents shall take precedence over the natural parents of the parents. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 25310, Apr. 15, 2014> |
| (2) | Where the seafarer designates a person falling under any of the subparagraphs of Article 29 by means of his or her dying wish or notice to the shipowner, this priority order shall apply. |
| (3) | An unborn child shall be deemed to have been born, in the application of subparagraphs 1 and 2 of Article 29. <Amended by Presidential Decree No. 15892, Sep. 17, 1998> |
| (4) | Where at least two persons are at the same priority in receiving the bereaved family's compensation, that bereaved family's compensation shall be divided equally by the number of the persons entitled to receive it. <Amended by Presidential Decree No. 13263, Jan. 29, 1991> |
| (5) | Where a person entitled to receive the bereaved family's compensation dies, he or she shall lose the right to receive it. Where there is a person with the same order, the person shall take the right, and where there is not a person with the same order, a person in the next order shall take the right. <Amended by Presidential Decree No. 15892, Sep. 17, 1998> |
| Article 31 (Scope of Dependents) |
Articles 29 and 30 shall apply mutatis mutandis to the scope and priority of the dependents who are entitled to compensation for a missing seafarer pursuant to Article 101 (1) of the Act. <Amended by Presidential Decree No. 13263, Jan. 29, 1991; Presidential Decree No. 23620, Feb. 3, 2012>
| Article 32 (Taking out Accident Compensation Insurance) |
"Insurance or mutual aid prescribed by Presidential Decree" in Article 106 (1) of the Act means any of the following: <Amended by Presidential Decree No. 28779, Mar. 30, 2018> | 1. | Indemnity insurance operated by the Shipowners’ Mutual Protection and Indemnity Association; |
| 2. | Indemnity insurance defined in subparagraph 1 (b) of Article 2 of the Insurance Business Act which is operated by an insurance company or a foreign insurer defined in subparagraph 6 or 8 of Article 2 of that Act to guarantee accident compensation for seafarers; |
| 4. | A mutual aid run by an association incorporated with permission from the competent authorities under Article 32 of the Civil Act by collecting charges from the affiliated enterprises, etc. in accordance with the articles of incorporation formulated under Article 40 of that Act to guarantee accident compensation for seafarers; |
[This Article Wholly Amended by Presidential Decree No. 27795, Jan. 17, 2017]
| Article 33 (Payment of Accident Compensation) |
| (1) | A business operator operating an insurance or mutual aid prescribed in Article 32 in receipt of a claim for accident compensation referred to in Article 106 (4) of the Act shall calculate the amount of accident compensation without delay. |
| (2) | “Period prescribed by Presidential Decree” in Article 106 (4) of the Act means 10 days from the date the amount of accident compensation is determined pursuant to paragraph (1). |
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
CHAPTER VII WELFARE, EMPLOYMENT STABILITY, EDUCATION AND TRAINING
| Article 34 (Composition of Seafarer Policy Committee) |
| (1) | Members of the Seafarer Policy Committee established under Article 107 (3) of the Act (hereinafter referred to as the “Committee”) shall be appointed or commissioned by the Minister of Oceans and Fisheries, from among the following persons: |
| 1. | Public officials of the central administrative agencies relating to the welfare, supply, and education and training of seafarers; |
| 2. | Representatives of seafarer-related organizations; |
| 3. | Persons who have sufficient knowledge and experience in seafarer policy; |
| 4. | Other persons deemed necessary by the Minister of Oceans and Fisheries in connection with seafarer policy. |
| (2) | The term of office for Committee members (excluding members falling within paragraph (1) 1) shall be two years. |
| (3) | The Committee shall have one secretary to deal with the general affairs of the Committee, who shall be appointed by the Minister of Oceans and Fisheries, from among public officials of Ministry of Oceans and Fisheries. |
[This Article Newly Inserted by Presidential Decree 28557, Dec. 29, 2017]
| Article 35 (Operation of Committee) |
| (1) | The chairperson of the Committee (hereinafter referred to as the “Chairperson”) shall represent the Committee and preside over its business. |
| (2) | When the Chairperson is unable to perform his or her duties due to unavoidable reasons, such member as designated by the Chairperson in advance shall act for the Chairperson. |
| (3) | The Chairperson shall convene a meeting of the Committee. A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (4) | When it deems necessary, the Committee may request the relevant agencies or organizations to submit data and documents relating to the matters specified in the subparagraphs of Article 107 (3) of the Act, or cause relevant public officials, interested parties, and persons for reference to attend a Committee meeting to present their opinions. In such cases, non-public officials who attend such meeting shall be entitled to the reimbursement of allowances within budget. |
| (5) | Matters necessary for operating the Committee, other than those provided for in paragraphs (1) through (4), shall be determined by the Chairperson after receiving approval from the Committee. |
[This Article Newly Inserted by Presidential Decree 28557, Dec. 29, 2017]
| Article 36 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998> |
| Article 37 (Institution for Registration of Job Seeking and Offering) |
"Institution prescribed by Presidential Decree" in Article 109 (1) of the Act means regional maritime affairs and port authorities. <Amended by Presidential Decree No. 27795, Jan. 17, 2017> [This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 38 (Seafarer Recruitment and Placement Service) |
| (1) | "Business prescribed by Presidential Decree" in Article 112 (3) of the Act means the following business: <Amended by Presidential Decree No. 23620, Feb. 3, 2012> |
| 1. | Preparation of, and reporting on seafarers' employment agreement under subparagraph 9 of Article 2 of the Act; |
| 2. | Preparation and keeping of, and applications for official approval of a seafarers’ list onboard under Article 44 of the Act; |
| 5. | Keeping and recording of a payroll and matters that form a basis for the calculation of wages under Article 58 of the Act; |
| 10. | Provisions of payslip to seafarers under Article 17 (2). |
| (2) | The Minister of Oceans and Fisheries may separately determine the detailed criteria for the matters under Article 112 (6) 1 and 2 of the Act to be included when a seafarer recruitment and placement agency is entrusted with the human resources management affairs of seafarers by a shipowner (including foreigners) pursuant to Article 112 (6) of the Act. <Amended by Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | The Minister of Oceans and Fisheries shall direct and supervise the seafarer recruitment and placement agency to perform the prescribed matters under Article 112 (6) of the Act in good faith. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 12526, Sep. 24, 1988]
| Article 39 (System for Management of Demand and Supply of Seafaring Manpower) |
| (1) | If deemed necessary for establishing and implementing the system for the management of demand and supply of seafaring manpower under Article 115 (1) of the Act, the Minister of Oceans and Fisheries may request necessary cooperation from the relevant central government agencies, local governments, public agencies, and institutions and organizations related to the supply and demand of seafaring manpower. |
| (2) | The Minister of Oceans and Fisheries shall consult with the heads of the relevant central administrative agencies beforehand, in order to establish the criteria for the employment of foreign seafarers referred to in Article 107 (2) 2 (c) in regard to the supply and demand of seafaring manpower. |
[This Article Wholly Amended by Presidential Decree 28557, Dec. 29, 2017]
| Articles 40 through 42 Deleted. <by Presidential Decree No. 16391, Jun. 8, 1999> |
| Article 43 (Education and Training of Seafarers) |
| (1) | The education and training of seafarers referred to in Article 116 (1) of the Act shall be classified into basic safety education, advanced safety education, passenger ship education, education of watchkeeping ratings, education of able ratings, education of ratings in charge of electronic equipments, tanker basic education, tanker refresher education, gas-fuelled ship education, education of persons in charge of medical care, high-speed ship education, education of cooks onboard, and ship safety education. <Amended by Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 30116, Oct. 8, 2019> |
| (2) | The trainees, curricula, education period by education course classified under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Deleted. <by Presidential Decree No. 16391, Jun. 8, 1999> |
| (4) | Where the Minister of Oceans and Fisheries recognizes that the training stipulated in the International Convention on the Standards for Training, Certification, and Watchkeeping for Seafarers which a seafarer (including a foreign seafarer) has completed is equal to or higher than the level of the training of the education course under paragraph (2), the seafarer shall be deemed to have completed the education and training course under paragraph (1). <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 16391, Jun. 8, 1999; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| Article 44 (Entrustment of Education and Training of Seafarers) |
| (1) | The Minister of Oceans and Fisheries shall enter into an agreement stipulating the following matters when he or she entrusts education and training services under Article 117 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree 28557, Dec. 29, 2017> |
| 1. | Details and scope of the entrusted services; |
| 2. | Matters concerning the period of entrustment and extension thereof; |
| 3. | Matters concerning reporting on the entrusted services; |
| 4. | Matters concerning the alteration and revocation of the agreement; |
| 5. | Other matters prescribed by the Minister of Oceans and Fisheries for the efficient performance of the entrusted services. |
| (2) | Upon entering into an agreement under paragraph (1), the Minister of Oceans and Fisheries shall give a public notice of such fact on the Official Gazette. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 44-2 (Supervision over Entrustment of Education and Training of Seafarers) |
| (1) | The Minister of Oceans and Fisheries may require a person entrusted with the education and training of seafarers under Article 117 (1) of the Act to report on the matters entrusted to him/her, or order the submission of data on his or her duties. |
| (2) | If the results of a report or submission of data under paragraph (1) find it necessary to improve the entrusted services, the Minister of Oceans and Fisheries may order the improvement thereof. |
[This Article Newly Inserted by Presidential Decree 28557, Dec. 29, 2017]
| Article 45 (Bearing Expenses for Education and Training of Seafarers) |
Pursuant to Article 117 (2) of the Act, a shipowner or a person who receives education and training (hereinafter referred to as "trainee") shall pay expenses incurred in the education and training according to the following classification: <Amended by Presidential Decree No. 17262, Jun. 29, 2001; Presidential Decree No. 23620, Feb. 3, 2012> | 1. | Where the trainee is employed by a shipowner: The shipowner; |
| 2. | Where the trainee is not employed by a shipowner: The trainee. |
[This Article Wholly Amended by Presidential Decree No. 15892, Sep. 17, 1998]
| Article 46 Deleted. <by Presidential Decree No. 15892, Sep. 17, 1998> |
| Article 47 (Scope of Government Subsidies) |
The Government subsidies referred to in Article 118 (1) of the Act shall be provided within budgetary limits. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> [This Article Wholly Amended by Presidential Decree No. 13263, Jan. 29, 1991]
CHAPTER VIII SUPPLEMENTAL PROVISIONS
| Article 48 Deleted. <by Presidential Decree No. 19077, Sep. 30, 2005> |
| Article 49 (Reporting to Inspection Agencies) |
When filing a report under Article 129 (1) of the Act, a seafarer shall submit documents or other materials substantiating the fact that the shipowner or master has violated the Act, the Labor Standards Act, or any order issued under the Act. <Amended by Presidential Decree No. 15892, Sep. 17, 1998; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012>
| Article 49-2 Deleted. <by Presidential Decree No. 28914, May 28, 2018> |
| Article 49-3 (Affairs of Administrative Agencies in Foreign Countries) |
(1）The affairs of the competent maritime affairs and port authorities to be conducted by a consul of the Republic of Korea (hereafter referred to as “consul” in this Article) in foreign countries pursuant to Article 131 of the Act shall be as follows: | (2) | Where a consul conducts any of the affairs prescribed in paragraph (1), he or she shall notify the head of the relevant administrative agency thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | The head of the relevant administrative agency that is notified pursuant to paragraph (2) may take necessary measures. In such cases, the head of the relevant administrative agency shall notify the consul of the results of taking such measures, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | The consul may inform the relevant seafarers, master of the relevant ship, or relevant foreign agencies of a corresponding country of the matters notified by the head of the relevant administrative agency under paragraph (3), if deemed necessary. |
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 49-4 (Scope of Detailed Inspections) |
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 49-5 (Measures concerning Foreign Ships) |
| (1) | “Measures prescribed by Presidential Decree, such as notifying a flag state of such fact” in Article 133 (3) of the Act means any of the following: |
| 1. | Giving written notice of the following matters to a master: |
| (a) | Results of a detailed inspection; |
| (b) | Corrections to be made in relation to the working and living standards of seafarers which are identified as the results of a detailed inspection, and a time limit for taking corrective actions; |
| 2. | Giving written notice of the following matters to the seafarers and organization of shipowners’ who are citizens of the Republic of Korea: |
| (a) | Results of a detailed inspection; |
| 3. | Notifying the following foreign governments, etc. of violations, etc. of the Maritime Labour Convention 2006 by a relevant foreign ship (limited to where it is deemed necessary by the Minister of Oceans and Fisheries): |
| (a) | The government of a flag state of the relevant foreign ship or the consul of a flag state stationed in the Republic of Korea; |
| (b) | The government of a country of the next port of call of the relevant foreign ship. |
| (2) | The Minister of Oceans and Fisheries shall prepare and manage a detailed inspection report stating the results of detailed inspections on a foreign ship, and when necessary, he or she may give notice to the Director-General of the International Labour Organization with all documents sent by the government of a flag state of a relevant foreign ship and a copy of the detailed inspection report. |
| (3) | Where the matters which have led the Minister of Oceans and Fishers to give an order to detain, or detain a foreign ship under Article 133 (4) of the Act are corrected or are expected to be corrected promptly, the Minister of Oceans and Fishers shall, without delay, decide whether or not to cancel the order or measure to detain the relevant foreign ship. |
| (4) | “Measures prescribed by Presidential Decree, such as notifying a flag state” in Article 133 (5) of the Act means giving notice to the government of a flag state of a relevant foreign ship or to the consul of a flag state stationed in the Republic of Korea of the fact that an order to detain a ship has been given or a ship has been detained pursuant to Article 133 (4) of the Act. |
| (5) | Where the Minister of Oceans and Fishers gives notice under paragraph (4) in accordance with Article 133 (5) of the Act, he or she may request the representative of the government of a relevant flag state to appear, or request for a reply from the government of a relevant flag state upon specifying the deadline. |
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 49-6 (Handling of Complaints of Seafarers of Foreign Ships) |
| (1) | “Measures prescribed by Presidential Decree, such as conducting an inspection” prescribed in Article 134 of the Act means the following: |
| (2) | The Minister of Oceans and Fisheries shall take measures necessary to ensure that the identity of a seafarer, etc. who reports under Article 134 of the Act is kept confidential. |
[This Article Newly Inserted by Presidential Decree No. 25310, Apr. 15, 2014]
| Article 50 Deleted. <by Presidential Decree No. 25310, Apr. 15, 2014> |
| Article 50-2 (Standards of Inspections for Certification) |
| (1) | The standards of inspections for certification under Article 137 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| 1. | Standards for labor conditions of seafarers; |
| 2. | Standards for accomodations of seafarers; |
| 3. | Standards for welfare of seafarers; |
| 4. | Standards for seafarers’ safety on a ship; |
| 5. | Standards for health of seafarers and for provision of meals; |
| 6. | Other standards that the Minister of Oceans and Fisheries deems necessary in light of the statutes or regulations and international conventions related to the labor of seafarers. |
| (2) | Matters necessary for the specific details of the standards of inspections for certification referred to in paragraph (1) and other matters shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 50-3 (Period of Validity of Maritime Labor Certificate) |
| (1) | The period of validity of a maritime labor certificate referred to in Article 138 (5) of the Act shall be five years, and that of an interim maritime labor certificate shall be six months. |
| (2) | The period of validity of a maritime labor certificate and that of an interim maritime labor certificate under paragraph (1) shall be computed from the date classified as follows: |
| 1. | A maritime labor certificate: |
| (a) | Where an initial inspection for certification has been received: The date on which the maritime labor certificate is issued; |
| (b) | Where an inspection for renewal of certification has been received: The day following the expiration of validity of the maritime labor certificate: Provided, That where the inspection is received before the period for the inspection for renewal of certification, it shall be computed from the date on which the such inspection for certification is received; |
| 2. | An interim maritime labor certificate: The date on which the temporary maritime labor certificate is issued. |
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 50-4 (Entering into Agreements) |
Where the Minister of Oceans and Fisheries enters into an agreement with an RO for labor inspection under the latter part of Article 140 (1) of the Act, each of the following matters shall be included therein: <Amended by Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Matters concerning the scope of agency affairs; |
| 2. | Matters concerning the period of performing agency affairs and the extension thereof; |
| 3. | Matters concerning the alteration and revocation of the agreement; |
| 4. | Matters designated by the International Maritime Organization; |
| 5. | Other matters deemed necessary by the Minister of Oceans and Fisheries for the efficient performance of the agency affairs. |
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 50-5 (Gratuitous Lease of State Property) |
| (1) | Gratuitous leasing, use of, or profiting from state property under Article 146 (1) of the Act shall be as stipulated in a contract between the Korea Seafarer's Welfare and Employment Center established under Article 142 (1) of the Act (hereinafter referred to as the "Center") and the managing authority of the relevant State property. |
| (2) | In the event that the Center uses the State property referred to in paragraph (1) for any purpose other than the intended purpose, the managing authority of the State property may terminate the relevant contract. |
[This Article Newly Inserted by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 50-6 (Approval of Business Plan) |
| (1) | Pursuant to Article 147 (2) of the Act, the Center shall submit a business plan and a budget statement for each fiscal year to the Minister of Oceans and Fisheries by 30 days prior to the commencement of the relevant fiscal year, and obtain approval therefor. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013> |
| (2) | Where the Center intends to change the business plan or budget statement approved under paragraph (1), it shall submit in advance the business plan or budget statement, stating the contents of, and grounds for such changes, to the Minister of Oceans and Fisheries, and obtain approval therefor. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> |
| (3) | Every business plan referred to in paragraph (1) shall state the business objectives, implementation guidelines, and required budget by business, with their classifications. |
[This Article Newly Inserted by Presidential Decree No. 17262, Jun. 29, 2001]
| Article 50-7 (Posting of Documents in Ships) |
| 1. | Documents provided for in Article 151 (1) 1, 3 and 4 and (2) 1 and 2: The owners of ships of any type; |
| (2) | Any shipowner prescribed in paragraph (1) shall prepare documents referred to in the subparagraphs of Article 151 (1) of the Act in Korean and English, and post them in one place on a ship among the offices, cafeterias, or lounges used by seafarers: Provided, That the owners of ships not engaged in international voyages may not post documents prepared in English. |
[This Article Newly Inserted by Presidential Decree No. 27795, Jan. 17, 2017]
| Article 51 (Application to the State or Local Governments) |
"Matters prescribed by Presidential Decree" in Article 157 of the Act means a naval ship, a police ship, or a ship separately designated by the Minister of Oceans and Fisheries. <Amended by Presidential Decree No. 15135, Aug. 8, 1996; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 24443, Mar. 23, 2013>
| Article 52 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Oceans and Fisheries shall delegate his or her authority over the following to regional maritime affairs and port authorities pursuant to Article 158 (1) of the Act: <Amended by Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 27795, Jan. 17, 2017> |
| 7. | Matters concerning the issuance and public perusal of, and indication on the maritime labor certificate, issuance of the interim maritime labor certificate, and corrective orders based on the findings from additional inspections for certification, under Article 138 (1), (3), (4), and (8) of the Act. |
| (2) | The Minister of Oceans and Fisheries shall entrust the Korea Institute of Maritime and Fisheries Technology with the following business affairs pursuant to Article 158 (1) of the Act: <Amended by Presidential Decree No. 25310, Apr. 15, 2014> |
| 1. | Conducting the education for cooks onboard and administering the qualifying examination for cooks onboard prescribed in Article 76 (3) of the Act; |
| 2. | Administering the qualifying examination for a person in charge of medical care, and issuing a certificate of person in charge of medical care under Article 85 (3) of the Act. |
| (3) | The Minister of Oceans and Fisheries shall entrust the Center with the business affairs prescribed in subparagraph 1, 2, and 4 of Article 108 of the Act pursuant to Articles 158 (1) of the Act. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
| (4) | The Minister of Oceans and Fisheries may supervise the entities entrusted with the business affairs under paragraph (2) and (3), such as requiring them to report on the progress of entrusted business affairs, or ordering the improvement of such business affairs, where deemed necessary. <Amended by Presidential Decree No. 24443, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 23620, Feb. 3, 2012]
| Article 52-2 (Responsibility of Shipowner for Safe Navigation) |
Every shipowner subject to the International Convention on the Standards for Training, Certificate, and Watchkeeping for Seafarers shall implement the following for safe navigation of ships under Article 63 (1) 3 of the Act: <Amended by Presidential Decree No. 16391, Jun. 8, 1999; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 23620, Feb. 3, 2012> | 1. | Conducting education to ensure that the seafarers are well informed of the duties on the ship and the characteristics of the ship; |
| 2. | Providing the master with a manual of duty on the ship; |
| 3. | Supplying materials, such as domestic and foreign regulations concerning maritime life safety and protection of the marine environmental; |
| 4. | Allowing sufficient time for seafarers to hand over and take over duties when changing the shift of seafarers. |
[This Article Newly Inserted by Presidential Decree No. 15892, Sep. 17, 1998]
| Article 53 (Standards for Imposition of Administrative Fines) |
Standards for imposition of administrative fines under Article 179 (4) of the Act are as prescribed in attached Table 2. <Amended by Presidential Decree No. 23620, Feb. 3, 2012> [This Article Wholly Amended by Presidential Decree No. 22829, Apr. 4, 2011]
| Article 54 (Issuance of Seafarer’s Book and Seafarer's Identity Documents to Persons in Service Onboard Foreign Ships) |
| (1) | If a person who intends to work onboard a foreign ship not applicable under Article 3 of the Act files an application for issuance of a seafarer’s book or seafarer's identity document, the competent regional maritime affairs and port authorities may issue it. Articles 8, 9 and 11 through 16 shall apply mutatis mutandis to such cases. <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 16391, Jun. 8, 1999; Presidential Decree No. 19077, Sep. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017> |
| (2) | The competent regional maritime affairs and port authorities may require the persons to whom a seafarer’s book has been issued under paragraph (1) to receive the education prescribed in Article 43. <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 23620, Feb. 3, 2012; Presidential Decree No. 27795, Jan. 17, 2017> |
| (3) | The competent regional maritime affairs and port authorities may place a restriction upon a person who fails to receive the education referred to in paragraph (2) from being in service onboard a ship. <Amended by Presidential Decree No. 15379, May 24, 1997; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 27795, Jan. 17, 2017> |
| Article 55 (Management of Personally Identifiable Information) |
| 3. | Business affairs relating to issuing a seafarer's identity document prescribed in Article 48 of the Act; |
| 4. | Business affairs relating to reissuing a seafarer’s book or seafarer's identity document prescribed in Article 49 of the Act; |
| 5. | Business affairs relating to amending a seafarer’s book or seafarer's identity document provided for in Articles 12 and 13 (3); |
| 6. | Business affairs relating to recognition of bankruptcy, etc. provided for in Article 18-2; |
| 7. | Business affairs relating to verification of the grounds for paying overdue wages provided for in Article 18-5. |
| 1. | Business affairs relating to recording and keeping a seafarers’ list and a logbook prescribed in Article 20 (2) of the Act; |
[This Article Wholly Amended by Presidential Decree No. 27795, Jan. 17, 2017]
| Article 56 (Re-Examination of Regulation) |
With respect to minors’ applications for the issuance of seafarer’s book under Article 9, the Minister of Oceans and Fisheries shall examine the appropriateness thereof every two years from the base date of January 1, 2015 (referring to the period that ends on the day before January 1 of every second year), and take measures, such as making improvements. [This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Preparations for Establishment of Seafarers’ Registration Agency and Seafarers' Educational Institution)
| (1) | The Director of Maritime Affairs and Fisheries Office may commission five promoters each for seafarers’ registration agency and seafarers’ educational institution, and entrust them with the affairs of establishment of the seafarers’ registration agency and seafarers' educational institution, respectively. |
| (2) | Promoters shall make out the articles of incorporation for the seafarers’ registration agency and seafarers' educational institution and obtain the authorization thereon from the Minister of Maritime Affairs and Fisheries Office. |
| (3) | Where the promoters obtain the authorization as provided in the above paragraph (2), they shall, immediately, register the institution for organization under joint signature. |
ADDENDA <Presidential Decree No. 12225, Aug. 13, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 Omitted.
ADDENDA <Presidential Decree No. 12526, Sep. 24, 1988>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures on Particular Labor Contract) The particular labor contracts which are shorter than 6 months and already concluded prior to the enforcement of this Decree shall, notwithstanding the amended provisions of Article 18 (2), be governed by the previous provisions. |
ADDENDUM <Presidential Decree No. 13263, Jan. 29, 1991>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14628, Apr. 15, 1995>
Article 1 (Enforcement Dat)
This Decree shall enter into force on May 1, 1995.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 15135, Aug. 8, 1996>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 15379, May. 24, 1997>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 15830, Jul. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 15892, Sep. 17, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21-2 (1) 1 shall enter into force on January 1, 1999. Article 2 (Special Cases concerning Reporting of Employment Regulations)
The shipowner whose total sum of tonnage of ships owned weighs less than 70 tons may not report on employment regulations until December 31, 2000, notwithstanding the amended provisions of Article 48. Article 3 Omitted.
ADDENDUM <Presidential Decree No. 16391, Jun. 8, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17262, Jun. 29, 2001>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 48 shall enter into force on January 1, 2002.
ADDENDA <Presidential Decree No. 18254, Jan. 29, 2004>
Article 1 (Enforcement Dat)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 18543, Sep. 9, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19077, Sep. 30, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on October 1, 2005: Provided, That from among the amended provisions of Article 8 (3), 11 and 12 and the amended provisions of Articles 13 through 15, 50, and 54, the matters on seafarers' identity document shall enter into force on the date of its promulgation, and from among the amended provisions of Articles 18 through 18-6, the matters on the subscription to insurance, etc. guaranteeing wage claims of the shipowner of a fishing boat engaged in the inshore fishery under Article 41 of the Fisheries Act, and the confirmation of payment causes and payment, etc. shall enter into force on July 1, 2006. |
| (2) | (Applicability to Claims for, and Payment of Overdue Wages) The amended provisions of Article 18-4 shall apply from the portion of occurrence of payment causes after the enforcement of this Decree. |
ADDENDUM <Presidential Decree No. 20037, Apr. 27, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20142, Jun. 29, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2007. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20300, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 4, 2007.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20351, Oct. 31, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Decrees to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Decree. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20875, Jun. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2008.
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 21530, Jun. 9, 2009>
This Decree shall enter into force on Aug. 7, 2009.
ADDENDA <Presidential Decree No. 22127, Apr. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Apr. 23, 2010.
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 22157, May 4, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22637, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Presidential Decree No. 22829, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Calculating Floor Area Ratio in Accordance with the Amendment to the Enforcement Decree of the Building Act) Article 3 (Applicability to Authorization for Modification in Accordance with Amendment to the Enforcement Decree of the Act on the Improvement of Urban Areas and Residential Environments) Article 4 (Transitional Measures concerning Penalty Surcharges or Administrative Fines)
| (1) | The application of the standards for penalty surcharges or administrative fines for any offense committed before this Decree enters into force shall be governed by the former provisions. |
| (2) | The dispositions of penalty surcharges or administrative fines which have been imposed due to offenses committed before this Decree enters into force shall be disregarded for the purpose of calculating the number of offenses under the amended provisions of this Decree. |
ADDENDA <Presidential Decree No. 23620, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on Feb. 5, 2012: Provided, That the amended provisions of Articles 3-2 (2), 3-3 (1) 1, 32 (1), 49, 52 (1) 3, subparagraph 2 (l), (w), and (x) of attached Table 2 shall enter into force on the date the Maritime Labour Convention 2006 takes effect in the Republic of Korea. Articles 2 (Transitional Measures concerning Enforcement Date)
Until the amended provisions referred to in the proviso of Article 1 of the Addenda enters into force, the former provisions corresponding thereto shall apply: Provided, That the citation of the provisions of the Act in the relevant former provisions shall be deemed to the citation of the provisions of the former Seafarers Act which are applicable pursuant to Article 2 of the Addenda to the Seafarers Act wholly amended by Act No. 11024. Article 3 (Applicability to Taking out Repatriation Insurance)
The amended provisions of Article 5 (1) 2 shall apply beginning with the ship which first departs after this Decree enters into force. Article 4 (Applicability to Payment of Wages before Date)
The amended provisions of Article 17-2 shall apply beginning with the seafarers onboard a ship which first departs after this Decree enters into force. Article 5 (Applicability to Ordinary Wages and Average Onboard Wages of Fishers)
The amended provisions of Article 19-2 shall apply beginning with the grounds for application of ordinary wages and average onboard wages, which first occurs after this Decree enters into force. Article 6 (Applicability to Entrustment of Education and Training of Seafarers)
| (1) | The amended provisions of Article 44 shall apply beginning with the first entrustment of education and training after this Decree enters into force. |
| (2) | The Korea Institute of Maritime and Fisheries Technology which has been entrusted with the affairs concerning the education and training of seafarers under the former Article 52 (3) shall be deemed entrusted with the same affairs under the amended provisions of Article 117 (1) of the Act and Article 44 of this Decree. |
Article 7 (Applicability to Gratuitous Lease of State Property)
The amended provisions of Article 50-5 shall apply beginning with the first lease of State property to the Center or the first permission for the Center to gratuitously use or profit from State property after this Decree enters into force. Article 8 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25310, Apr. 15, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the following amended provisions shall enter into force on the date specified in each subparagraph:
| 1. | Articles 2, 3, 3-6, 32 (1) 1, 49-2, 49-4, 49-5, and 49-6: The date the Maritime Labour Convention 2006 takes effect in the Republic of Korea; |
| 2. | Article 5 (1): Three months after the promulgation of this Decree; |
Article 2 (Preparation for Qualifying Examinations for Cooks Onboard)
| (1) | The Minister of Oceans and Fisheries may conduct the training for cooks onboard and administer the qualifying examination for cooks onboard under the amended provisions of Articles 22 and 52 (2) 1 prior to the enforcement date prescribed in subparagraph 3 of Article 1 of the Addenda. |
| (2) | A person who has completed the training for cooks onboard and passed the qualifying examination for cooks onboard conducted or administered by the Korea Institute of Maritime and Fisheries Technology before the conduct of the education for cooks onboard and the qualification examination for cooks onboard pursuant to paragraph (1) shall be deemed to have completed the training for cooks onboard and passed the qualifying examination for cooks onboard conducted or administered under the amended provisions of Article 22 (1) through (4). |
Article 3 (Applicability to Taking out Repatriation Insurance)
The amended provisions of Article 5 (1) shall apply beginning with the owner of a ship which first departs after the enforcement date prescribed under subparagraph 2 of Article 1 of the Addenda. Article 4 (Transitional Measures concerning Priority Order of Bereaved Family)
Notwithstanding the amended provisions of Article 30 (1), the former provisions shall apply to the priority order of bereaved family when a cause for bereaved family's compensation occurs before this Decree enters into force. Article 5 (Transitional Measures concerning Conduct of Affairs of Competent Maritime Affairs and Port Authorities in Foreign Countries)
An act done by or against a consul of the Republic of Korea under the former provisions of Article 50 as at the time this Decree enters into force shall be deemed an act done by or against a consul of the Republic of Korea under amended provisions of Article 49-3.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, that the provisions amending Presidential Decrees that were promulgated before this Decree enters into force but have yet to enter into force, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the respective dates on which the relevant Presidential Decrees enter into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26386, Jul. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2015.
Article 2 (Applicability to Reserve Seafarers)
The amended provisions of Article 21-2 (1) and (2) shall apply beginning with the owner of the first ship departing a port after this Decree enters into force. Article 3 (Applicability to Provision of Uniforms)
The amended provisions of Article 23-2 shall apply beginning with the owner of the first ship departing a port after this Decree enters into force.
ADDENDUM <Presidential Decree No. 27795, Jan. 17, 2017>
This Decree shall enter into force on January 18, 2017.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Presidential Decrees, which were promulgated before this Decree enters into force, but the enforcement dates of which have not yet arrived, from among the Presidential Decrees amended under Article 8 of this Addenda, shall enter into force on the respective enforcement date of the relevant Presidential Decree. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28557, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28779, Mar. 30, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28914, May 28, 2018>
This Decree shall enter into force on May 29, 2018.
ADDENDA <Presidential Decree No. 29163, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 30116, Oct. 8, 2019>
This Decree shall enter into force on the date of its promulgation.